Need some imput on a serious issue please

[TML]

If he's not a 5150 then, as much as I respect your concern- and I would probably feel the same if I were in that situation... you can't really do too much about it. We have to respect his rights in the eyes of the constitutional law as we would want ours protected...

and as far as I know, a husband / wife "communal" gun property deal is not legally covered.. so they should both have their HSC, and each should have the firearm DROS in their name.

[HighLander51]

Well, the good news for the rest of us is that he will probably kill all the people he knows first. A straw purchase is where one person buys a gun for another person. It has nothing to do with being prohibited. I would simply report what your wife told you directly to the PD and let them investigate.

[robcoe]

This doesn't square with what she said though. I have never done it but if I'm not mistaken it would take around 60 days for one individual to purchase two handguns and DROS one as a gift to another person in California.

From a dealer yes, PPT and(I think) consignment sales(could be wrong about the second one) are not limited by the 1 in 30 rule.

[durandal]

Get documentation of his disability and report it if you really must. Its up to you..

[elsolo]

Well, the good news for the rest of us is that he will probably kill all the people he knows first. A straw purchase is where one person buys a gun for another person. It has nothing to do with being prohibited. I would simply report what your wife told you directly to the PD and let them investigate.

Why in the world are you so sure that this guy is a crazed killer waiting to go off?

He is said to be bi-polar, not a paranoid schizophrenic with homicidal tendencies.

[Rob454]

Ok here it goes my neice in law has this husband

I thought it was perfectly legal for a spouse to purchase a gun to gift to their spouse. You guys are pretty quick to condemn the guy because he is allegedly bi-polar. Has the guy done anything threatening to you? Has he attempted to harm your or his family or wife? I wonder how many would be furious if someone attempted to do the exact thing you are condoning.
Don't forget to turn in that neighbor who keeps to himself


Sounds to me more like you don't like the guy and want to start something

[JDay]

If he has ever been 5150'd or 5250'd, declared a danger to himself or others, or declared by a judge to be mentally incompetent, then no guns.

If you have a 5150 hold placed on you it is only a 5 year disqualifier for possession of firearms. I'm not sure if it is the same with a 5250 or not.

[HighLander51]

Why in the world are you so sure that this guy is a crazed killer waiting to go off?

He is said to be bi-polar, not a paranoid schizophrenic with homicidal tendencies.

And the difference is? He kills his own family first, or your family first?

I knew someone would respond with this. If you are a Mental Health Medical Professional, then take this guy into your home, and see how it works out.

SO ANSWER THIS QUESTION! WHY DIDN'T HE BUY THE GUN IN HIS OWN NAME???

Uh huh.

[JDay]

A straw purchase is where one person buys a gun for another person. It has nothing to do with being prohibited.

You're spreading FUD. Read page 165 of the following document from the ATF for the definition of an illegal straw purchase.

http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf

15. STRAW PURCHASES

Questions have arisen concerning the lawfulness of firearms purchases from licensees by persons who use a "straw purchaser" (another person) to acquire the firearms. Specifically, the actual buyer uses the straw purchaser to execute the Form 4473 purporting to show that the straw purchaser is the actual purchaser of the firearm. In some instances, a straw purchaser is used because the actual purchaser is prohibited from acquiring the firearm. That is to say, the actual purchaser is a felon or is
within one of the other prohibited categories of persons who may not lawfully acquire firearms or is a resident of a State other than that in which the licensee's business premises is located. Because of his or her disability, the person uses a straw purchaser who is not prohibited from purchasing a firearm from the licensee. In other instances, neither the straw purchaser nor the actual purchaser is prohibited from acquiring the firearm.

In both instances, the straw purchaser violates Federal law by making
false statements on Form 4473 to the licensee with respect to the identity of the actual purchaser of the firearm, as well as the actual purchaser's residence address and date of birth. The actual purchaser who utilized the straw purchaser to acquire a firearm has unlawfully aided and abetted or caused the making of the false statements. The licensee selling the firearm under these circumstances also violates Federal law
if the licensee is aware of the false statements on the form. It is immaterial that the actual purchaser and the straw purchaser are residents of the State in which the licensee's business premises is located, are not prohibited from receiving or possessing firearms, and
could have lawfully purchased firearms from the licensee.

An example of an illegal straw purchase is as follows: Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith. Mr. Smith gives Mr. Jones the money for the firearm. If Mr. Jones fills out Form 4473, he violates the law by falsely stating that he is the actual buyer of the firearm. Mr. Smith also violates the law because he has unlawfully aided and abetted or caused the making of false statements on the form.

Where a person purchases a firearm with the intent of making a gift of the firearm to another person, the person making the purchase is indeed the true purchaser. There is no straw purchaser in these instances. In the above example, if Mr. Jones had bought a firearm with his own money to give to Mr. Smith as a birthday present, Mr. Jones could lawfully have completed Form 4473. The use of gift certificates would also not fall within the category of straw purchases. The person redeeming the gift certificate would be the actual purchaser of the firearm and would be properly reflected as such in the dealer's records.

[elsolo]

And the difference is? He kills his own family first, or your family first?

I knew someone would respond with this. If you are a Mental Health Medical Professional, then take this guy into your home, and see how it works out.

SO ANSWER THIS QUESTION! WHY DIDN'T HE BUY THE GUN IN HIS OWN NAME???

Uh huh.

Maybe the same reason my mom bought me a gun as a gift, or when my dad bought me a gun when I turned 18 and graduated high school. I wasn't prohibited, sometimes family gives gifts to one another.

There is no confirmation the guy couldn't buy it himself, but when the wife was asked "how could he" she stated that he didn't (not that he couldn't).


About your silly second part:
I have lived with a diagnosed bipolar woman.
When she was manic: the house was spotless, she cooked me three meals a day, and she bought too much crap off ebay.
When she was depressive: she stayed in bed most of the day a cried a lot.
She couldn't hold down a job because of it, but didn't pull and disability despite her being able to qualify for it.
She was never violent, delusional, paranoid or any other form of "crazy".
She simply had two possible mental states that alternated, super energetic and happy, or super sad and tired.

[elsolo]

If you have a 5150 hold placed on you it is only a 5 year disqualifier for possession of firearms. I'm not sure if it is the same with a 5250 or not.

You are right about the 5150, that's a five year hold.
(can be removed early if you go to court and win the case to have your rights restored)

5250 is lifetime ban, like being a felon, declared incompetent to stand trial, under a conservatorship, and a few others.